Andrea67 Posted August 24, 2019 Report Share Posted August 24, 2019 PRA is suing me for a charged off Walmart credit card issued by Synchrony bank. I have received no snail mail or phone calls from PRA; however they may have called but I do not answer unknown numbers. I have received no snail mail from their filing attorney or representative of same, either. I have reviewed the Arbitration link, and have saved a MTC/Order of Arbitration I found in another thread posted by someone in FL who was successful in getting their case dismissed through demanding the arbitration. Since I have not been served at this time, do I file the MTC now, or do I wait till the pre-trial hearing? 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Pollack & Rosen, PA 806 Douglas Rd. Coral Gables, FL 33134 3. How much are you being sued for? $1,491.32 + costs & any other relief the Court deems just and proper 4. Who is the original creditor? (if not the Plaintiff) SYNCHRONY BANK 5. How do you know you are being sued? (You were served, right?) I have not yet been served. I received an advert from a "mediation" attorney, then found the filing on the Clerk of Courts website. 6. How were you served? (Mail, In person, Notice on door) I have not yet been served. 7. Was the service legal as required by your state? NA at this time Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? FL, Polk County, 10th Judicial Circuit 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2015 12. What is the SOL on the debt? To find out: 4 years. Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case is set for a pre-trial hearing on 09/13/2019. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionnaire was inluded in the Statement of Claim. They state they are the current debt holder pursuant to an assignment from OC on or about May 21, 2017. Plaintiff states I as sent correspondence, its representatives or both more than 30 days prior to their filing. (I received no such correspondence.) Plaintiff states $1,491.32, plus costs and any recovery the Court deems appropriate, is owed them. The filing shows Count I-Account Stated. The July 2016 statement is attached to the filing. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I have not yet received a summons. 18. How did you find out about this site? Via Google search. 18. Read these two links: Links reviewed. Quote Link to comment Share on other sites More sharing options...
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